California Voter ID Backers Lose Court Fight Over Rob Bonta’s Ballot Language

Supporters of California’s voter ID initiative suffered a legal setback Thursday after a judge rejected their attempt to block Attorney General Rob Bonta’s controversial description of the measure ahead of the November election.

The dispute centers on Proposition 39, a proposed state constitutional amendment that would require voters casting ballots in person to present government-issued identification. Californians voting by mail would be required to provide the last four digits of a government-issued identification number on their ballot envelope.

Republican Assemblyman Carl DeMaio, one of the leading supporters of the initiative, sued Bonta after the Democratic attorney general rewrote the official ballot title and summary. DeMaio’s campaign accused Bonta of using his position to portray the voter ID proposal negatively and influence voters before they reach the ballot box.

Bonta’s description says Proposition 39 would place additional restrictions on voting by requiring identification before ballots can be counted. Supporters objected to that characterization, arguing that it was misleading and politically loaded because the measure would provide free identification cards to voters who need them.

Sacramento County Superior Court Judge Laurie Earl sided with Bonta, ruling that supporters had not met the high legal standard necessary to force changes to the attorney general’s language. The decision means Bonta’s description of the voter ID proposal can remain in the materials presented to California voters.

The defeat was part of a difficult day in court for Proposition 39 supporters. In a separate case, supporters withdrew several claims they had planned to include in their own ballot arguments, including assertions that the initiative would make voting easier, protect voter privacy and save taxpayers money.

DeMaio blasted the decisions and has accused California Democrats of attempting to tilt the election against the voter ID measure. The initiative qualified for the November ballot after supporters submitted more than 1.3 million signatures, setting up a statewide showdown over election security and voting requirements.

If approved, Proposition 39 would also require state and county election officials to conduct additional citizenship verification and voter-roll maintenance. The state would be required to provide voter identification cards free of charge to Californians who request them.

The court ruling does not remove Proposition 39 from the ballot or prevent Californians from voting on voter ID requirements in November. Instead, it hands Bonta an important victory in the battle over how the proposal will be described to millions of voters before they decide whether to make voter identification a requirement in California.